PRAMODANI MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks a direction to the respondents to consider the service period which the petitioner has rendered as a daily wager for the purpose of calculation of pension and gratuity.

(2.) The facts are, in narrow compass, that the petitioner was initially appointed on 01.01.1980 on daily wages basis on the post of Copyist and continued as daily wager till he was regularized i. e. on 11.01.1988. The petitioner retired from service on attaining the age of superannuation on 31.05.2008.

(3.) According to learned counsel for the petitioner, on 15.10.2008 (Annexure P/6), it was proposed by the Divisional Joint Director, Treasury, Accounts & Pension, Raipur that the case of the petitioner be considered under the provisions of Madhya Pradesh Work-charged/Contingency Paid Employees Rules, 1974 and accordingly, proposal for pension was made. It appears that the period before the petitioner was regularized was not considered for the purpose of calculation of gratuity and pension. Thus, this petition seeking a direction to the respondents to consider the service period spent as daily wager for calculation of gratuity and pension.